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Home | Case-Filing | Appealing a Case in the Second Circuit | How to File a Habeas Corpus Petition


Failure to file forms, briefs and other documents

If an appellant or applicant fails to file the required forms, briefs, appendices, or other documents, or otherwise fails to act, under the time periods set in FRAP, the LRs, or a court order, that party will be deemed to be in default. This Court will issue an order that sets a firm dismissal date to occur if the default is not cured within a specific time frame. Once the case is dismissed, this Court will view a motion to reinstate the appeal unfavorably unless the Court finds that exceptional circumstances explain the default or that manifest injustice would otherwise result. A party that files a motion to reinstate the appeal following dismissal for failure to file a brief on time must do so within 14 days of the date of the order dismissing the appeal and must include the party’s brief as an exhibit to the motion. See LR 27.1(i).

 

 

Last modified at 1/31/2014